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Making and Breaking the Law

Yesterday’s rant about texting made me think about
why we have laws at all. As someone pointed out, no matter what issue the law
addresses, someone is going to break it. Studies show that the majority of
people who obey the laws of the land do so because of ethical and moral
beliefs, not necessarily because of their support of the law or their fear of
the consequences of disobedience. Adults
are just bigger versions of the children in my classroom. Those who believe in following
rules and respect authority and generally behave because it feels good will do
so even when no one is watching. Those who don’t follow the rules will
misbehave the moment my eyes look away.

If all of that is true, there must be some basic
principle that determines what needs to be controlled by laws. Here is a recap
of what I found:

1. The
Harm Principle

These
laws are written to protect people from being harmed by others. Laws against
violent crime and property crime fall into this category. Without these basic
laws, our society would turn into the ultimate “survivor” scenario- the rule of
the strong and violent over the weak and nonviolent.

2. The
Parental Principle

In addition to laws intended to discourage people from harming
each other, some laws are written to protect us from ourselves. These laws
include those banning use and possession of certain drugs and other actions
that are dangerous to our health and safety.

3. The
Morality Principle

Some laws are based not strictly on safety issues, but also on
promoting the personal morality of the law's authors. These laws are usually,
but not always, grounded in religious belief. Historically, most of these laws
have something to do with sex or prejudice.

4. The
Donation Principle

All governments have laws granting goods or services to some
segment of its population. These laws are often used to control behavior, and can
give some people, groups, or organizations unfair advantages over others. Laws
promoting specific religious beliefs, for example, are gifts that governments
extend to religious groups in hopes of gaining their support.

5. The
Statist Principle

These laws are intended to protect the government from harm or
to increase its power. They include laws against treason and espionage and laws
restricting actions against the government such as flag burning or desecration
of other government symbols.